Hours and rest breaks for UK goods vehicle drivers – Part 1

There are different rules for drivers depending on what they drive. All the rules here only apply to vehicles that are used for the ‘carriage of goods by road’. This is defined as any journey made entirely, or in part, on roads open to the public.

The EU Driver’s Hours Rules apply to drivers of most large goods vehicles (LGVs) over 3.5 tonnes. Drivers of LGVs normally have a tachograph in their cab. The EU Drivers Hours Rules set limits for daily, weekly and fortnightly driving and specify minimum break times for drivers during their working day, and daily and weekly rest periods. These drivers are also covered by the Working Time Regulations. Full details of these rules are in Part 2 of our Guide.

These guidelines do not cover journeys made outside of the UK and do not cover rules for passenger vehicles.

GB Domestic Rules

Note – separate rules apply in Northern Ireland.

GB Domestic Rules were introduced by The Transport Act 1968 (which has been amended). They apply to most goods vehicles of 3.5 tonnes or less (and vehicles that are exempt from EU Drivers Hours Rules – see part 2).

Drivers who work under the GB Rules are also covered by an amendment to the 1988 Working Time Regulations introduced in 2003.

Driver’s Hours Rules are regulated and enforced by the Vehicle and Operations Services Agency (VOSA) in the Department for Transport. They have comprehensive guidance on the rules here and our guidance is based on their rules.

The following groups are exempt from the GB Domestic Rules:

Drivers of vehicles used by the Armed Forces, the Police and Fire Brigade

Drivers who always drive off the public road system

Private driving (not in connection with a job or a way to earn a living)

Daily Driving Rules

In any working day the maximum amount of driving permitted is 10 hours (in any 24 hours), whether this is driving on or off the public road.

Off-road driving for the purpose of agriculture, quarrying, forestry, building work or civil engineering counts as duty time rather than driving time (see below).

Daily Duty Rules

In any working day the maximum amount of ‘duty’ permitted is 11 hours, where driving is involved. If no driving is involved in a working day, the individual is exempt from the daily duty limit of 11 hours. A driver who does not drive for more than 4 hours on each day is exempt from the daily duty limit.

This duty time does not include rest periods or breaks. For self-employed owner/drivers this duty time means driving a vehicle connected with their business.

Drivers of vehicles used by the following, are exempt from the duty limit (but not the driving limit):

The GB Domestic Rules on driving limits and duty limits are suspended where immediate action is needed to avoid:

Danger to life or health of people or animals

Serious damage to property

Serious interruption of essential public services (gas, water, electricity or drainage) or in telecommunications, or to postal services, or in the use of roads, railways, ports or airports

Keeping Records

Drivers must keep written records of their hours of work on a weekly record sheet, if they:

Drive more than 4 hours per day

Drive outside a 50km radius of the vehicles operating centre on this day

Their employers are expected to check and sign each weekly record sheet. Alternatively, an EU-approved and sealed tachograph may be fitted.

Working Time Regulations

Drivers who are subject to the above UK domestic rules on drivers hours are also affected by four provisions under the UK’s Working Time Regulations (1998) as amended.

With the exception of self-employed Drivers – who are defined in the 2005 Working Time Regulations as anyone whose main occupation is to transport passengers or goods by road and who is not tied to an employer by an employment contract, or any other type of working hierarchical relationship, and who is free to organise his or her relevant working activities, and whose income depends on the profits made, and who has freedom to have commercial relations with several customers.

The four WTR provisions that cover Drivers working under Domestic rules are:

A weekly working time limit of 48 hours per week averaged over a reference period which is normally 17 weeks (although a Driver can ‘Opt Out’ of this rule)

An entitlement to 5.6 weeks annual leave

Health checks for night workers.

An entitlement to ‘adequate’ rest

So, no other provisions of the WTR apply. ‘Adequate rest’ is not defined – but drivers should have ‘regular rest periods that are sufficiently long and continuous to ensure workers do not harm themselves, their fellow workers or others and they do not damage their health in the short or long term’.

Infringements of Domestic Drivers Hours Rules

The law protects a driver from conviction where he has infringed these rules who can prove that, because of unforeseen circumstances, they were unavoidably delayed in finishing a journey.

The Law also protects employers if a driver was involved in any other driving jobs that they employer could not know about.

Mixed Goods Vehicle Driving

Many drivers spend some of their time driving under one set of rules and some time driving under another set (e.g. under GB domestic rules and under EU Rules). EU Rules (for vehicles weighing over 3.5 tonnes) take precedence over GB domestic rules in these circumstances. See Part 2 for more details.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

I work for a transport department in a large company as a hgv driver
The company are giving out work which can not be done in 48 hours and are reducing the excess hours down by giving rest days at their discretion regardless of our tired we feel and compromising road safety, also our stress related sickness is at a all time high is this legal
Regards ian

lesleyfurber

Hi Ian, thanks for your message. I’m not sure I understand totally what you are saying about them giving out the rest days? Are you getting the rest days you should get? Regards, Lesley

Ian

We work 48 hrs x17 weeks but drivers are working in excess of this and therefore need days off to compensate this within the 17 weeks.
All the excess hours are early morning or late in the evening causing fatigue
Regards ian

Hello. I need some advice. I work in the recovery /roadside trade. I am not sure if what I am doing is legal or not regarding driving/work. I’m on call for 15hrs a day and regular work 12hrs+ a day. I work 4 days on and 2 days off. In a shift pattern days 5am until 8pm. Then 2 pm until 5 am. I also only get 20 days holiday a year. Bank holiday’s not included as I have to work them. unless they fall on a rest day. Is this legal??

Gavin Eades

The company i work for is instructing the driver’s not to use other work but to put the vehicle mode into break, (while waiting to unload/load, not using POA as unsure of how long the waiting period is going to be) the reason they telling the driver’s to use this, is to extend the working time. I have said break periods need to be of a certain length, 30 minutes then 15 or the full 45 minutes, by putting the mode into break when completing other work this will surely flag up infringements (insufficient break) when the drivers card is downloaded if the mode is constantly on break when not driving? When i questioned this, the answer i received “a leading tachograph analyst has told them this is OK to do?”.

Neil Lancaster

Hi, as a night worker we come under the max 10 hours in 24 hours rule. We have paid breaks so my question is. Can my 45 minute break be added on to my 10 hours as I have already been paid for my break and would be working for no pay. And then would I be working 10.45 hours in a 24 hour period. Thanks

Brian McCracken

hi can your local manager tell you how to operate your weekly hours ? i.e our manager is telling us we must keep our two ten hour cards for our last two shifts , can he legally imply this on the drivers and l have heard numerous times you cannot do two ten hour cards back to back

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darren

Hi, I have just started a new job driving the dust carts. I have a digital tachograph. Obviously I have to take a break period of 45 mins during my day but I was not sure if this is payable or not as in the past I have always been paid for breaks but in this job I am not. Is this correct. Thanks Darren

noah

Does van driving count as driving or as other work. When driving an HGV in the same shift or week. ? Thanks

truckertee

I work 14.00 to 23.00 Monday to Saturday and expected to be on call 24hrs as well also on call on the sunday
then the next week 8am to 17.00 and get 3 days every other week off (eg thurs /sat and sunday) is this legal

wayne mcguire

Hi I work driving a 3500kg Luton van delivering all over the UK.time of starting duty is usually between 230am and 3am everyday sometimes earlier depending on urgency of goods. We are driving for 10hours or more most days if not driving for longer our time on duty is always more than 11hours everyday Monday to Friday our transport manager is telling us this adhere s to domestic rules I know otherwise just want clarification please as this is driving me to an early grave if not injuring other road users cheers Wayne!

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